RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00488 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect the following: 1. Award of the Southwest Asia Service Medal with one Bronze Service Star (SWASM w/1BSS). 2. Award of the Kuwait Liberation Medal-Kuwait (KLM-K). 3. The Small Arms Expert Marksmanship Ribbon with one Bronze Service Star (SAEMR w/1BSS). 4. Operation DESERT STORM/DESERT SHIELD with deployment dates and any additional awards authorized. 5. Correct foreign service time. 6. Date of separation (DOS) from active duty and active duty dates including total service time. APPLICANT CONTENDS THAT: He was deployed to Dhahran, Saudi Arabia, from 3 Nov 91 to 15 Mar 92. He qualified for the expert marksmanship ribbon for both the M-9 and M-16. He used 45 days of accrued leave when separating from the Air Force. His date of release shows the date that he out-processed not his DOS. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 27 Jun 89. On 30 Apr 92, the applicant was furnished an honorable discharge, and was credited with 2 years, 10 months, and 4 days of active service, which includes three months of foreign service. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DPAPP recommends denial of the applicant’s request to correct his foreign service time, indicating there is no evidence of an error or an injustice. A review of the applicant’s personnel records failed to substantiate foreign service time in Dhahran, Kingdom of Saudi Arabia. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSID recommends denial of the SWASM w/1BSS, KLM-K, SAEMR w/1BSS, or any additional awards. They were unable to verify the applicant deployed in support of Operation DESERT SHIELD or Operation DESERT STORM. No official documentation could be located, nor was any provided by the applicant to verify that he was in the area of eligibility for award of the SWASM w/1BSS or the KLM-K. The SWASM, authorized by Executive Order 12754, 12 Mar 91, is awarded to members of the United States Armed Forces who served in support of Operation DESERT SHIELD or DESERT STORM, between the period of 2 Aug 90 and 30 Nov 95, and served in the designated qualifying area of responsibility (AOR), which includes Kuwait, and directly supporting combat operations between 17 Jan 91 and 30 Nov 95. The KLM-K is awarded to members who participated in Operations DESERT SHIELD/DESERT STORM, and the Liberation of Kuwait. Military personnel must have served between 2 Aug 90 and 31 Aug 93, in one or more of the following areas: the Persian Gulf, Red Sea; Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude; Gulf of Aden, or, the total land area of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar and United Arab Emirates. To be eligible, military personnel must have been attached to or regularly serving for one or more days with an organization participating in ground and/or shore operations; attached or regularly serving for one or more days aboard a naval vessel directly supporting military operations; actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated above; or serving on temporary duty for 30 consecutive days or 60 non-consecutive days during this period. That time limitation may be waived for people participating in actual combat operations. The SAEMR is awarded to all United States Air Force members who after 1 Jan 63, qualify as "expert" in small-arms marksmanship with either the M-16 rifle or issue handgun. Qualification as “expert” in both weapons after 22 Jun 72 shall be denoted by a bronze service star worn on the service ribbon. The Defense Finance and Accounting Service (DFAS) verified the applicant’s foreign service and imminent danger/hazard pay from 15 Dec 91 to 8 Mar 92; however, no country code was indicated. Additionally, no documentation such as a Special Order or AF Form 522, Qualification Score Card, verifying the applicant qualified as expert was located for award of the SAEMR w/1BSS. Therefore, the OPR recommends disapproval for any additional awards other than those already indicated on the applicant’s DD Form 214. A complete copy of the AFPC/DPSID evaluation is at Exhibit D. AFPC/DPSOR recommends denial of the applicant’s request to correct his DOS, indicating there is no evidence of an error or an injustice. Based on the documentation on file in the applicant’s military personnel records, his DOS is correct as indicated on both his separation orders and his DD Form 214. The documentation also shows that the applicant out-processed his base on 18 Mar 92, which coincides with him taking over 40 days of terminal leave until his DOS of 30 Apr 92. There was no evidence that an error or injustice occurred in the discharge processing. A complete copy of the AFPC/DPSOR evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 9 Nov 15 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. The following members of the Board considered AFBCMR Docket Number BC-2015-00488 in Executive Session on 15 Dec 15, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00488 was considered: Exhibit A. DD Form 149, dated 28 Jan 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPAPP, dated 13 Mar 15. Exhibit D. Memorandum, AFPC/DPSID, dated 10 Aug 15. Exhibit E. Memorandum, AFPC/DPSOR, dated 4 Nov 15. Exhibit F. Letter, SAF/MRBR, dated 9 Nov 15.